Clause 51 - Supplementary powers of the Secretary of State, the NDA and the UKAEA
Energy Bill [Lords]
3:30 pm
Mr Stephen Timms (Minister of State (e-Commerce & Competitiveness), Department of Trade and Industry; East Ham, Labour)
When the Secretary of State uses the powers here in relation to a transfer scheme involving the NDA, I agree that the NDA should be consulted and that is exactly what clause 41(3) provides for. It imposes a statutory requirement on the Secretary of State to consult the NDA before making any transfer scheme that involves the NDA or is connected with the NDA carrying out its functions. The power in clause 51 may also be used in relation to transfer schemes that do not involve the NDA and are not connected with it carrying out its functions. If the Secretary of State decided to privatise parts of a new BNFL or UKAEA, that would be done by transfer schemes. In those cases, I do not think that the Secretary of State would need to consult the NDA, because it would not have any direct or indirect interest. I hope that the hon. Gentleman will accept that when the NDA has an interest, it would indeed be consulted, but the requirement for it to be consulted in other circumstances is unnecessary.